Ordinance 020107

WHEREAS, the Elkins' Municipal Code was adopted by Ordinance 3-17-2005C with the knowledge that the current City Council had insufficient time to carefully review all parts thereof in detail.

WHEREAS, the City Council has had an opportunity to carefully review the Elkins' Municipal Code and has found numerous sections and/or chapters in need of revision and clarification.

WHEREAS, the Code will over time need occasional review, clarification and amendments to meet the needs of this growing city and its citizens, this ordinance represents a good first step.

IT IS THEREFORE ORDAINED BY THE ELKINS CITY COUNCIL that:

Subsection 3.04.04 shall hereafter read as follows:

3.04.04 Purchase Order requirements

A. Administrative approval.

The Recorder/Treasurer or his/her authorized representative shallapprove each Purchase as to budget compliance and other regulatory compliance and shall sign and issue all approved Purchase Orders.

Additionally, the Mayor or his/her authorized representative shallapprove all purchases for goods or services in excess of $1,500.00

The City Council shall review and approve each purchase of goods orservices having a cost of $2,000.00 or more.

The City Council, upon Resolution, may waive competitive bidrequirements for a purchase if the requesting city employee certifiesthat an emergency exists or that the good(s) or service(s) is (are)available only from a sole-source provider.

A Requisition & Purchase Order will be issued for all capital assetshaving a purchase price of one thousand dollars ($1,000.00) or more.

B. Purchases from five hundred dollars ($500.00) up to one thousand dollars ($1,000.00), or more.

Each Purchase for goods or services having a cost from five hundreddollars ($500.00) up to one thousand dollars ($1,000.00) shallinclude at least three competitive bids obtained prior to the purchaseof goods or services.

C. Purchases having a cost of one thousand one dollars ($1,001.00), or more.

Each Requestor for purchases of goods or services having a cost ofone thousand one dollars ($1,001.00) or more shall seek threecompetitive bids. All construction contracts of $10,000.00 or morewill require sealed bids. Non-construction purchases over $10,000.00will require three written bids. All purchases over $20,000.00 willrequire sealed bids.

Prior to advertising for sealed bids, each affected PurchaseRequisition shall be submitted to the City Council for its review andapproval.

Each request seeking sealed bids shall be posted for at least sevendays at the five public locations determined by Ordinance 01-18-20078. In addition to such posting, copies of the Request For Bidsmay be mailed/electronically communicated to individuals orcompanies who regularly sell/provide such goods and/or services.

The posting for sealed bids shall generally describe the good(s) orservices(s) to be obtained. The posting shall also state the time, date,and place of bid opening. Complete bid specifications andperformance requirements shall be available to the public uponrequest.

Sealed bids shall be opened publicly by the Mayor or his/herauthorized representative and witnessed by a member of the CityCouncil or the City Recorder/Treasurer at the specified time and dateat City Hall or other place specified in the posting and as directed bythe City Council at the time of authorization to seek sealed bids.

The City Council shall review and approve or reject the bids. Inevery instance the City shall reserved the right to reject all bids.

Each purchase shall be awarded to the lowest acceptable bid, but onlyif approved by the City Council.

The City Recorder/Treasurer shall maintain all sealed or written bids on file for at least one year.

Subsection 3.04.05 Repealed.

Subsection 3.04.08 shall hereafter read as follows:

3.04.08 Sale of Equipment The Council or its duly authorized designee may sell,donate, exchange or dispose of any municipal supplies, apparatus, equipment or materialswithout competitive bidding if the value of such supplies, apparatus, equipment ormaterials has a reasonable value of less than $1,000.00. No materials, supplies, apparatusor equipment of the city shall be sold, donated, exchanged or disposed of withoutcompetitive bidding where the reasonable value of such materials, supplies, apparatus orequipment exceeds $1,000.00 unless the Council specifically authorizes such sale, exchange,donation or disposal by a particular method such as a trade-in or otherwise.